A Dictionary of the Older Scottish Tongue (up to 1700)
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First published 1986 (DOST Vol. VI).
This entry has not been updated since then but may contain minor corrections and revisions.
Possessory, adj. Also: -orye, -orie, -oury, -erie. [Late ME and e.m.E. possessorie (1425), -ory, late L. possessorius relating to possession, F. possessoire (14th c. in Godef.).] a. Of a legal claim or entitlement: Founded on possession or occupancy. b. Possessory action, one whereby possession is claimed on the grounds of prior occupation. c. Possessory judgment, ‘the legal rule by which an occupier of at least seven years' standing cannot be dispossessed by a rival claimant except by an action of reduction in court’ (SND, s.v. Possess v. 2); only Sc. 1439, 1474, 1477, etc. (see Petitory adj. (1)). 1502 Douglas Bequest 10 Sept.
All the rycht titile and clame off rycht petitory or possessory that I … had … in or to the said landis 1505 Lennox Mun. 175.
[To] disclame … all and haill the rycht clame and titill of rycht batht petitory and possessory of the keping of the said tour 1688 Kirkcudbr. Sheriff Ct. Deeds II 428.
[His uplifting of the said teinds shall not infer any] possesserie right therto in prejudge of any pretending right theretob. 1674, Stair Inst. (see Petitory adj. (2)). 1681 Stair Inst.iv xxvi §4 (1832) 643.
This action for mails and duties may either be petitory or possessory 1694 Fountainhall Decis. I 610.
It was granted he could do it in possessory actions of mails and duties and the like, but not in petitory onesc. 1622 Durie Decis. 20.
He ought to have been preferred in that possessory judgment, by reason foresaid of his publick infeftment 1680 Fountainhall Decis. I 74.
Yea, 7 years possession is enough to a churchman to give him a possessory judgment Ib. 97.
The same defence of a judgment possessory 1681 Stair Inst. iv xxvi § 3 (1832) 642.
This remedy of a possessory judgment whereby proprietors of lands [etc.] … need allege and instruct no further then seven years lawful and uninterrupted possession by virtue of an infeftment Ib. ii vii §22 (1832) 304.
